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From Joe Schaefer <joe_schae...@yahoo.com>
Subject Re: fair use (was Re: What licenses in category X satisfy criterion #2?)
Date Sat, 15 Mar 2008 02:52:38 GMT
--- Joe Schaefer <joe_schaefer@yahoo.com> wrote:

> 
> --- Robert Burrell Donkin <rdonkin@apache.org>
> wrote:
> 
> > On Thu, 2008-03-13 at 10:07 -0700, Henri Yandell
> > wrote:
> > 
> > <snip>
> > 
> > > More important right now would be the issues of
> > > what the FSF's
> > > non-compiled/dynamic-linked stance is, 
> > 
> > +1
> > 
> > even when we've disagreed with the FSF's
> > interpretation we've respect
> > the spirit and intention of their licenses (as
> > expressed by the FSF).
> > IMO this approach should be continued.
> 
> I just dug this up:
> 
>
http://www.fsf.org/licensing/licenses/gpl-faq.html#IfInterpreterIsGPL
> 
> It directly conflicts with what I said about 
> the situation for spamassassin.  According
> to that url, if spamassassin acquired a GPL
> dependency, it would have to license everything
> under the GPL.  (The FSF apparently believes
> copyright extends to actual processes, not
> just files on the filesystem).

FWIW, here's what the US Copyright Act says about
computer programs:

  § 117. Limitations on exclusive rights: Computer
programs

  (a) Making of Additional Copy or Adaptation by Owner

  of Copy. — Notwithstanding the provisions of section

  106, it is not an infringement for the owner of a 
  copy of a computer program to make or authorize the 
  making of another copy or adaptation of that
computer 
  program provided:

  (1) that such a new copy or adaptation is created as

  an essential step in the utilization of the computer

  program in conjunction with a machine and that it is

  used in no other manner, or

[...]

To me, that seems to say that copying the bits of a 
file from the filesystem to into main memory isn't
infringing copyright, so I don't understand the FSF's
position here.  Can anyone here enlighten me about it?



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